Terms & Conditions
Additionally, an important function of this agreement is to alert you that the data presented through our Services is not warranted or otherwise guaranteed.
The purpose of our Website and our Services is to provide materials, services and products, including but not limited to: information, documents, forms, services, products, workshops. This also includes Psychotherapy, Support and Coaching Groups, Professional Coaching (for non-therapy clients), and Clinical Supervision, as well as Workshops and Public Speaking engagements. It is important to note that this applies to the Website and all other associated websites and webpages, as well as all therapy and coaching programs, and any products and services provided or sold by us. These Terms do not apply to any other business entity outside of Avalon Psychotherapy Associates, LLC.
MODIFICATION OF TERMS OF SERVICE.
ELIGIBILITY For Use of Avalon Services.
You acknowledge that you are sixteen (16) years of age or older. Please note that Avalon’s Services are not geared to anyone under the age of sixteen (16) without the guidance and consent of a parent or guardian.
Avalon is committed to protecting the online privacy of children and we work to comply at a minimum, with the Children’s Online Privacy Protection Act of 1998, U.S.C. §§ 6501–6506. (”COPPA”). Those under the age of sixteen (16) should not visit or otherwise use the Services on their own behalf without the guidance and consent of a parent or guardian.
If you are under the age of sixteen (16), you must ask your parent or guardian for permission to further access or use any of Avalon’s Services and websites.
In addition, you acknowledge your understanding that:
Some areas of our websites and our Services may be visited and used by any member of the public, subject to these Terms.
Some areas of our websites and our Services may only be properly accessed by patients and prospective patients. Only patients and prospective patients may enter passwords and identification data at those pages, or view any information normally and properly accessed via those pages.
Persons duly authorized by us may access any page or data of the Website as well as any other Avalon webpages and such persons are bound by written confidentiality agreements or equivalent Avalon policies to keep nonpublic information confidential.
We may terminate your access to our websites and our Services or any part of them at any time with or without notice, at our sole discretion.
INFORMATION NOT GUARANTEED TO BE RELIABLE.
The information featured on any of our websites and/or provided in our Services comes from a variety of sources and includes information that is subject to change without notice. We cannot guarantee and do not warrant that the information is accurate, complete, or current; or that your access will be uninterrupted; or that material accessible from the Services is free of viruses or other harmful computer code. The accuracy and timeliness of the data is subject to delays in connectivity across the internet, your systems, and other facilities outside the control of Avalon. You must independently verify the accuracy of any information presented here.
Additionally, we cannot and do not guarantee that you will attain a particular personal goal, business result, income increase, certification, relational success, or business success, or clinical goal by accessing or using any of our websites or Services, and you accept and understand that results differ by each individual and their motivation, follow through, and experience.
We aim to truthfully represent the information provided by or through all of our websites as well as any blogs, social media, and any of the Services or materials provided.
However, by accessing and using any of our webpages or Services, you are acknowledging that you are participating and/or using them voluntarily. You agree to take sole and personal and professional responsibility for your choices, actions and any results or consequences. You acknowledge that you take full responsibility for your business, clients, patients, and your health, life, and well-being, as well as the health, lives and well-being of your family and children (where applicable), for all decisions now and in the future.
AVALON AND SOCIAL MEDIA.
By interacting with Avalon Psychotherapy Associates, LLC on social media (including but not limited to, Facebook, Twitter, YouTube), you acknowledge and agree that you may be voluntarily sharing aspects of your personal health information on a public forum. Federal and state laws protecting the privacy of your personal health information may not be applicable. Questions about medical concerns must be answered by your physician or other licensed health care providers. We will not respond to specific individual inquiries regarding a medical condition or disease via social media. Any information you receive through social media sites does not constitute psychotherapy or medical advice or recommendations, diagnosis, treatment or cure.
It is important to note that any kind words or testimonials you read on any of our websites, blogs, social media accounts, or anywhere else, is used for illustration only. The testimonials and kind words are unique to each client. Kind words and testimonials are not solicited, and each client or colleague has approved these testimonials for our website, blog, social media, product or services, but they are not intended to represent or guarantee that current or future clients will achieve the same or similar results
OWNERSHIP AND OTHER INTELLECTUAL PROPERTY RIGHTS.
The Website and all other Avalon webpages, as well as all Services are the exclusive property of Avalon, including any logos. With respect to all the materials on the Services, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such information, including by caching, framing, deep linking or similar means, except as provided in the next paragraph.
You may make personal copies of materials owned by Avalon Psychotherapy Associates, LLC, solely for your personal use if you do not change the pages or text in any way, retaining any proprietary notices.
If you submit information or materials to us (including without limitation ideas, comments, suggestions or strategies) through or relating to the Services or the Services, you represent and warrant that you have the unrestricted right to do so, without violation of the rights of any third-party, including any intellectual property rights of a third party and you grant Avalon Psychotherapy Associates, LLC an unrestricted, perpetual, irrevocable, royalty free, worldwide, transferable and sublicensable license to use such information or materials in any way for any commercial or non-commercial purposes and to make derivative works from those materials or information. You agree that you will not be compensated or credited for any such use.
Additionally, through our Website and other webpages, we may offer you the opportunity to purchase and/or download documents or other information. Please note that we retain complete ownership of the intellectual property rights in these documents and information. You acknowledge that when you download a document from this Site, you are doing so at your own risk. You may only use the downloaded document for non-commercial uses. At no time are you permitted to remove any copyright or proprietary notices on the pages of a document. We make no representation or warranty regarding the quality of these documents and assumes no responsibility for the accuracy or availability of these documents.
Furthermore, we expressly disclaim any and all liability related to the downloading of documents on the site.
We respect the intellectual property of others and asks that our users do the same. It is our policy to respond expeditiously to claims of intellectual property infringement by promptly processing and investigating notices of alleged infringement and taking appropriate actions under the Digital Millennium Copyright Act and other applicable intellectual property laws. If you believe that your copyrighted work is accessible on the website in a way that constitutes copyright infringement, you may notify us by providing us with the following information: 1) the electronic or physical signature of the owner of the copyright or of the person authorized to act on the owner’s behalf; 2) identification of the copyrighted work or other intellectual property that you claim is being infringed; 3) identification of the material that you claim is infringing; 4) identification of the URL or other specific location on the website where the material that you claim is infringing is located (please be as specific as possible); 5) your name, address, telephone number, and email address; 6) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and 7) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf. Please send notice regarding any of the above to the attention of Karen Helfrich, Owner of Avalon Psychotherapy Associates, LLC:
Avalon Psychotherapy Associates, LLC
c/o Karen J. Helfrich, LCSW-C
10 Winters Lane
Catonsville, MD 21228
In the event you establish an Account and receive or establish a password for such Account, you are responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer. You accept full responsibility and liability for all activities that occur under your Account or password. We reserve the right to refuse service, terminate Accounts or to remove Account content at our sole discretion.
You agree to notify us immediately of any unauthorized use or threat of unauthorized use of your Account or of any other breach or potential breach of security known to you with respect to your Account, including without limitation any loss or compromise of any password, and will cooperate with Avalon in every reasonable way to help us prevent the further unauthorized use, threat of unauthorized use, disclosure or threat of disclosure regarding the Account and/or your password. You agree that immediately upon termination of your right to use any of Avalon Psychotherapy Associates, LLC’s websites or its Services, or an Account or any other related password-protected area, or upon any earlier demand by Avalon Psychotherapy Associates, LLC at any time, you will cease all access and/or use of the Website and all other websites and webpages as well as any Services or such password protected areas, and will not attempt to access and/or use same. You may notify us as set stated later in these Terms.
RESTRICTIONS ON THE USE OF THE SERVICES.
You may not access or use, or attempt to access or use any of our websites and their related pages or our Services to take any action that could harm us or any third party, interfere with the operation of the Website or our Services or use the Website or our Services in a manner that violates any laws.
Additionally, without limiting the foregoing, you specifically agree not to:
Impersonate any person or entity or falsely state or otherwise misrepresent Your affiliation with any person or entity or the origin of any information you provide;
Use any device, software, or routine to interfere or attempt to interfere with the proper working of any of Avalon Psychotherapy Associates, LLC’s websites or webpages, its Services, or any activity conducted on the webpages or attempt to probe, scan, test the vulnerability of, or breach the security of our websites and their related pages as well as any Avalon Psychotherapy Associates, LLC system or network;
Circumvent, reverse engineer, decipher, decompile, disassemble, decrypt, or otherwise alter or interfere with (or attempt, encourage, or support anyone else’s attempt to engage in such activities) any of the software comprising or in any way making up a part of any of our websites and their related pages or our Services. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited;
Engage in use of bots, spiders, scraping, or harvesting of content or information, or use any other unauthorized automated means to compile information;
Obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on any of our websites and their related pages or through our Services;
Take any action that imposes an unreasonable or disproportionately large load on the Avalon Psychotherapy Associates, LLC network or infrastructure;
Upload or otherwise transmit any communication, software, or material that contains a virus or is otherwise harmful to Avalon Psychotherapy Associates, LLC’s or other users’ computers or systems; or
Engage in any other conduct that restricts or inhibits any person from using or enjoying any of our websites and their related pages and any of our Services, or that, in our sole judgement, exposes us or any of our users, affiliates, or any other third party to any liability, damages, or detriment of any type.
Furthermore, you shall not provide any false information related to any of our websites and their related pages or our Services or any Services we provide or to fraudulently create or access an Account. Also, you agree to update or correct any information which you have provided through any of our websites and their related webpages, if such information becomes outdated or misleading. You consent to access and use any and all of Avalon Psychotherapy Associates, LLC’s websites and our Services consistent with all applicable laws and regulations.
In the event you breach or threaten breach of this Agreement, you acknowledge and agree that Avalon Psychotherapy Associates, LLC may be greatly and irreparably damaged. Violations of the Terms listed here, or any other and certain other conduct prohibited by these Terms may result in civil or criminal liability. We reserve the right to investigate and work with law enforcement authorities to prosecute users who violate the Terms. We may suspend or terminate your access to any of our websites and their related pages or prevent you from using any of our Services for any or no reason at any time without notice.
DISCLAIMERS (e.g. The REALLY, REALLY Important stuff!)
BY ACCESSING AND USING THE WEBSITE AND/OR ALL OTHER ASSOCIATED WEB PAGES, BLOGS, SERVICES, PRODUCTS, E-PRODUCTS, WEBINARS, AND AVALON PSYCHOTHERAPY ASSOCIATES, LLC’S SOCIAL MEDIA PLATFORMS, YOU CONFIRM YOUR KNOWLEDGE, UNDERSTANDING AND ACCEPTANCE THAT THEY ARE FOR INFORMATIONAL PURPOSES ONLY, AND ARE NOT TO BE USED FOR PSYCHOTHERAPEUTIC TREATMENT OR SERVICES, NOR ARE THEY INTENDED TO BE MEDICAL ADVICE, OR A SUBSTITUTE FOR MEDICAL ADVICE. ALL INFORMATION CONTAINED ON ANY OF OUR WEBSITES, AS WELL AS ALL SERVICES ARE OFFERED SOLELY FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. THEY ARE MADE AVAILABLE ONLY AS GENERAL SUPPORTIVE INFORMATION FOR YOUR OWN USE, SHOULD YOU DECIDE TO USE THIS INFORMATION.
BY CONTINUING TO ACCESS AND USE ANY AND ALL OF OUR WEBSITES AND ALL RELATED SERVICES, YOU ACKNOWLEDGE YOUR UNDERSTANDING AND AGREEMENT TO NOT HOLD AVALON PSYCHOTHERAPY ASSOCIATES, LLC LIABLE IF YOU CHOOSE TO IGNORE THIS DISCLAIMER OR USE ANYTHING ON ANY OF OUR WEBSITES AND THEIR WEB-PAGES, INCLUDING BUT NOT LIMITED TO ANY BLOGS, SERVICES, PRODUCTS, E-PRODUCTS, WEBINARS, OR ANY OF OUR SOCIAL MEDIA PLATFORMS AS A SUBSTITUTE FOR MEDICAL OR PSYCHOTHERAPY TREATMENT OR ADVICE BY A LICENSED DOCTOR OR MENTAL HEALTH PROFESSIONAL.
IF YOU ARE IN NEED OF MEDICAL ADVICE OR TREATMENT, PLEASE CONSULT WITH A MEDICAL DOCTOR. IF YOU ARE HAVING A MEDICAL OR PSYCHIATRIC EMERGENCY, PLEASE CALL 911.
WE HAVE NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY OF YOUR DATA OR DATA ON THE SERVICES. WE ARE NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS. WE ARE NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM YOUR USE OF THE WEBSITE, OR ANY OTHER AVALON PSYCHOTHERAPY ASSOCIATES, LLC WEBSITES OR WEB PAGES OR ANY SERVICES WE PROVIDE, ANY CONTENT POSTED ON ANY WEBSITES, AVAILABLE THROUGH ANY OF OUR WEBSITES, OR TRANSMITTED TO ANYONE, OR ANY INTERACTIONS BETWEEN USERS OF THE SERVICES, WHETHER ONLINE OR OFFLINE.
YOU AGREE THAT YOUR USE OF ANY OF OUR WEBSITES AS WELL AS OUR SERVICES, IS AT YOUR OWN RISK AND SOLE RESPONSIBILITY. ANY MATERIALS WE PROVIDE IT TO BE TAKEN “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, SECURITY AND TITLE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN ANY MATERIALS OR INFORMATION WE MAY PROVIDE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT MATERIALS, INFORMATION AND SERVICES OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WITHOUT LIMITING THE FOREGOING, TO THE EXTENT THAT ANY OF OUR WEBSITES, AS WELL AS ANY AND ALL MATERIALS AND SERVICES WE PROVIDE YOU WITH ACCESS TO IS SOLELY YOUR RESPONSIBILITY AND THE FOREGOING EXCLUSION OF WARRANTIES BY AVALON PSYCHOTHERAPY ASSOCIATES, LLC EXPRESSLY APPLIES.
LIMITATION ON LIABILITY.
IN NO EVENT SHALL AVALON PSYCHOTHERAPY ASSOCIATES, LLC BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF ANY OF AVALON PSYCHOTHERAPY ASSOCIATES, LLC’S WEBSITES, ANY SERVICES OR WITH THE DELAY OR INABILITY TO USE SAME, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH ANY OF THE WEBSITES, OR FOR ANY INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH OR VIEWED ON ANY OF OUR WEBSITES, OR OTHERWISE ARISING OUT OF THE USE OF SAME, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, REGULATION, COMMON LAW PRECEDENT OR OTHERWISE, EVEN IF AVALON PSYCHOTHERAPY ASSOCIATES, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES AND EVEN IF SUCH DAMAGES RESULT FROM AVALON PSYCHOTHERAPY ASSOCIATES, LLC’S NEGLIGENCE OR GROSS NEGLIGENCE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, LIABILITY OF AVALON PSYCHOTHERAPY ASSOCIATES, LLC SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. BY USING ANY OF AVALON PSYCHOTHERAPY ASSOCIATES, LLC’S WEBSITES OR SERVICES PROVIDED ON THE WEBSITES, YOU ACKNOWLEDGE YOUR ACCEPTANCE OF THIS.
ANY ADDITIONAL DISCLAIMERS THAT MAY APPEAR ON ANY OF OUR WEBSITES OR WITHIN ANY MATERIALS OR SERVICES WE MAY SUPPLY, ARE INCORPORATED HEREIN BY REFERENCE. TO THE EXTENT ANY SUCH DISCLAIMERS PLACE GREATER RESTRICTIONS ON YOUR USE OF ANY OF AVALON PSYCHOTHERAPY ASSOCIATES, LLC’S WEBSITES OR THE SERVICES OR ANY MATERIALS CONTAINED THEREIN, SUCH GREATER RESTRICTIONS SHALL APPLY. THIS INDEMNIFICATION SHALL APPLY TO THIRD PARTY CLAIMS AS WELL AS CLAIMS BETWEEN YOU AND US. REFERENCES TO AVALON PSYCHOTHERAPY ASSOCIATES, LLC IN THIS LIMITATION ON LIABILITY SPECIFICALLY INCLUDE ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS, AFFILIATES, AND RELATED PARTIES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AVALON PSYCHOTHERAPY ASSOCIATES, LLC’S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER RELATED TO YOUR USE OF THE SERVICES, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO A MAXIMIM OF $100.00. BY ACCESSING AND/OR USING ANY OF AVALON PSYCHOTHERAPY ASSOCIATES, LLC’S WEBSITES, YOU ARE ACKOWLEDGING YOUR UNDERSTANDING AND ACCEPTANCE OF THESE PROVISIONS AS WELL AS ALL OTHER PROVISIONS LISTED WITHIN THESE TERMS.
You agree that you will indemnify, defend (or settle) and hold harmless Avalon Psychotherapy Associates, LLC (specifically including its officers, directors, agents, employees, contractors, affiliates, and related parties (collectively, “Avalon Psychotherapy Associates, LLC Indemnitees”)) from all claims, actions, proceedings, losses, settlements, judgments, liabilities, suits, damages, disputes or demands, including without limitation any proceeding, investigation or claim by a self-regulatory organization, state or federal agencies or commission, and including reasonable attorney’s fees and all other costs, fees, and expenses (collectively, “Claims”) against any of Avalon Psychotherapy Associates, LLC Indemnitees to the fullest extent permitted by law arising out of or in connection with (1) your access to or use of any of our websites or Services, or such actions by any third party through you; (2) your violation of the rights of another person or party through or related to our websites and Services or such actions by any third party through you; (3) any materials made available by you to Avalon Psychotherapy Associates, LLC through or related to our websites or our Services; and (4) any breach or violation by you of your obligations under these Terms or such breach or violation by any third party through you. In connection with any Claims that may give rise to your indemnification obligations as set forth above, Avalon Psychotherapy Associates, LLC Indemnitees shall have the exclusive right, at their option, to defend, compromise and/or settle the suit, action or proceeding at your expense, and you shall be bound by the determination of any suit, action or proceeding so defended or any compromise or settlement so effected. You will not compromise or settle any indemnified claim without our prior written consent. The remedies provided in this Section are not exclusive of and do not limit any other remedies that may be available to Avalon Psychotherapy Associates, LLC pursuant to these Terms.
FULL AND COMPLETE AGREEMENT REGARDING WEBSITE.
CHOICE OF LAW AND PERSONAL JURISDICTION; waiver of JURY TRIAL.
This website is created and controlled by us in the State of Maryland, U.S.A. The laws of the State of Maryland govern any disputes between you and us arising in connection with this agreement, without giving effect to any principles of conflicts of laws.
SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE IN AN APPROPRIATE STATE OR FEDERAL COURT WITH JURISDICTION OVER THE COUNTY OF BALTIMORE, STATE OF MARYLAND AND THE PARTIES UNCONDITIONALLY WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL.
Avalon Psychotherapy Associates, LLC
c/o Karen J. Helfrich, LCSW-C
10 Winters Lane
Catonsville, MD 21228
Notices to you are deemed effective if sent to the email, fax, mail address or other contact information previously provided by you to us, and are deemed effective upon the earlier of being confirmed received or one day after having been sent.
EFFECTIVE DATE: October 4, 2018
DATE OF LAST POLICY UPDATE: October 4, 2018